Washington, D.C. — U.S. Senator Jon Ossoff pressed the FDA Commissioner after the Trump Administration fired scientists responsible for infant formula safety.
In a U.S. Senate Appropriations Subcommittee on Agriculture, Rural Development, Food and Drug Administration hearing yesterday, Sen. Ossoff pressed Food and Drug Administration (FDA) Commissioner Martin Makary on the safety of infant formula, including the reported firings of scientists within the agency who work to prevent infant formula contamination.
The Trump Administration has reportedly fired scientists within FDA’s food safety labs, despite Commissioner Makary’s claims that none had been let go.
Last month, The New York Times reported that the agency did in fact fire “a few dozen scientists at the Food and Drug Administration’s food-safety labs” and were working to rehire them.
Despite this reporting, when asked by Sen. Ossoff, Commissioner Makary again refuted the claims that scientists had been fired.
Last month, Consumer Reports published an investigation that found traces of toxic chemicals in some infant formula. The nonprofit research and advocacy organization concluded that of the 41 types of powdered formula that its researchers tested for a number of toxic chemicals, about half of the samples contained “potentially harmful levels” of at least one contaminant.
Click here to watch Sen. Ossoff’s line of questioning.
Please find a transcript of Sen. Ossoff’s remarks and questioning below:
SEN. OSSOFF: “Thank you, Mr. Chairman and Dr. Makary, good to see you.”
COMMISSIONER MAKARY: “Good to see you.”
SEN. OSSOFF: “Thank you for joining us. I was pleased to see that the Secretary has made the safety of infant formula a priority for the department, is that correct?”
COMMISSIONER MAKARY: “That’s right. And the FDA will be convening world experts on infant formula, June 4, and we’re going to be having a robust discussion, because parents want infant formula options with a better supply chain, without added sugar and seed oils.”
SEN. OSSOFF: “Did you see a recent Consumer Reports study which found that of 41 tested infant formulas more than 30 were found to have potentially dangerous levels of lead?”
COMMISSIONER MAKARY: “Yeah, heavy metals in infant formula is something that’s getting a lot of attention, as it should, and so that is part of Operation Stork Speed to take a hard look at that, and it is one of the priorities of our infant formula roundtable at the FDA on June 4.”
SEN. OSSOFF: “And it’s the Human Foods Division of your agency responsible for infant formula safety, at least in large part, yes?”
COMMISSIONER MAKARY: “Yes.”
SEN. OSSOFF: “Trying to make sure I understand some of the relevant personnel decisions, given the concern that families in Georgia have about the safety of infant formula, the safety of the food supply.
“James Jones, the Deputy Commissioner for Human Foods, submitted a resignation letter February 17, included the quotes, ‘The indiscriminate firing of 89 staff in the Human Foods Program is beyond short sighted. The Foods Program staff at FDA is the envy of the world and its technical, professional and ethical standards.’
“It goes on, ‘the employees fired this past weekend are the most recent hires and generally come to Federal service with the most recent education and represent the future of the agency. They included staff with highly technical expertise in nutrition, infant formula, food safety response, and even 10 chemical safety staff hired to review potentially unsafe ingredients in our food supply.’
“That was February 17. You were asked on April 17 whether any of the personnel reductions had included personnel responsible for food safety or infant formula safety.
“You said, ‘there were no cuts to scientists or reviewers or inspectors, absolutely none.’
“You were asked on April 23 on CNN and said again, ‘there were no cuts to scientists or inspectors.’
“But then just two day later, an HHS spokesperson confirmed that, in fact, scientists had been fired and that you were scrambling to rehire them. Is that, did you in fact, say on April 23 there were no cuts to scientists or inspectors? Just before we get into the details, is that an accurate quote?”
COMMISSIONER MAKARY: “No scientific reviewer was cut as part of the reduction in force.”
SEN. OSSOFF: “But, you said there were no cuts to scientists or inspectors. Didn’t you say that?”
COMMISSIONER MAKARY: “My understanding was that there were no cuts to the scientific staff, but specifically the scientific reviewers, is what I was referring to.”
SEN. OSSOFF: “You said there were, I mean, I just…
COMMISSIONER MAKARY: “Jim Jones is an economist.”
SEN. OSSOFF: “Very straightforward question. You said there were no cuts to scientists or inspectors, correct?”
COMMISSIONER MAKARY: “Scientific reviewers is what I was referring to…”
SEN. OSSOFF: “No, you said…”
COMMISSIONER MAKARY: “That’s the vast majority of scientists there. Jim Jones is an economist.”
SEN. OSSOFF: “And then five days before you had said there were no cuts to scientists. You said that right?”
COMMISSIONER MAKARY: “I was referring to scientific reviewers. There are a couple research…”
SEN. OSSOFF: “But scientists had been fired, correct?
COMMISSIONER MAKARY: “There have been a couple, there have been research scientists in some labs that have been doing some research. Some of that research is good, some of it is not good. And so there have been no cuts to scientific review…”
SEN. OSSOFF: “In fact, in fact, scientists who study the safety of infant formula had been fired. Correct?”
COMMISSIONER MAKARY: “I’m not aware of any scientists, studies infant formula that has been cut…”
SEN. OSSOFF: “Well here’s the reporting in The New York Times, which says ‘the HHS spokesman said those employees called back had been inadvertently fired, and the decision to rehire specialists on outbreaks of food related illnesses and those who study the safety of products like infant formula.’ So, is this reporting accurate? Had, in fact, scientists who study outbreaks of food related illnesses and the safety of infant formula been fired?”
COMMISSIONER MAKARY: “The reason it’s not accurate, Senator, is that people were not fired. They were scheduled for the reduction in force. And this was before I got there. When I got there, we did an assessment, and so some of those individuals out of the 19,000 were restored. Jim Jones was an economist, and he was upset about the DOGE cuts, so he self-DOGED. I didn’t, he was not fired. I wish he would have stayed, but he chose to leave.”
SEN. OSSOFF: “Have all, have all scientists responsible for food safety and infant formula safety been rehired or reinstated?”
COMMISSIONER MAKARY: “Look, we have not reduced in force the scientific review staff. I know where you’re going with this. We’re not allowed to let go of a single person…”
SEN. OSSOFF: “I’m trying to get clarity on your statement. You said, you said ‘there were no cuts to scientists,’ and then the HHS spokesperson said, ‘actually there were cuts to scientists, and now we’re trying to rehire them.’ I mean, so it, it gives the impression you’re not sure about the personnel actions ongoing in your own agency…”
COMMISSIONER MAKARY: “Again, no one was cut…”
SEN. OSSOFF: “…And that’s the indication from your testimony here again today.”
COMMISSIONER MAKARY: “No one was, no one was cut in the reduction of force. They were scheduled for the reduction in the future, down the road. It has not happened yet. So the people scheduled to be cut, we did a review and found some research scientists. When I made those statements, it was very specific. I was very clear. We’re talking about scientific reviewers, because the trains have to run on time. And if you’re concerned about a backlog in the labs…”
SEN. OSSOFF: “My time is up, my time is up, but you were very specific. You said ‘there were no cuts to scientists,’ and then five days later ‘there were no cuts to scientists.’ Those are your direct quotes. ‘There were no cuts to scientists,’ but there were cuts to scientists.”
COMMISSIONER MAKARY: “No, there were no cuts to scientists because people were scheduled for the reduction force in the future, and the people scheduled were reevaluated, and we restored a couple research scientists, and I was referring not only to them, but to…”
SEN. OSSOFF: “How many?”
COMMISSIONER MAKARY: “…to the scientific reviewers.”
SEN. OSSOFF: “How many, how many scientists responsible for preventing outbreaks of food related illnesses and the safety of infant formula have been restored or reinstated?”
COMMISSIONER MAKARY: “There were no scientists that were in charge of preventing outbreaks that were…”
SEN. OSSOFF: “I didn’t say, ‘in charge…’”
COMMISSIONER MAKARY: “But I mean, this is the problem in government. Somebody has a fancy sounding name like ‘infant formula safety,’ and no one can ever touch them, even if they’re not doing their job, even if they’re redundant…”
SEN. OSSOFF: “Ok, I’ll tell you what. I’ll send you, so that you can get accurate information to the committee, I’ll send you some very detailed questions about this, and you’ll respond in full, yes?”
COMMISSIONER MAKARY: “Yes. Just keep in mind, the agency was half its size in 2007 we didn’t have…”
SEN. OSSOFF: “You’ll respond in full…”
COMMISSIONER MAKARY: “Outbreaks and rampages and food outbreaks…”
SEN. OSSOFF: “We had a huge infant formula safety crisis in this country just a few years ago. Do you recall that?”
COMMISSIONER MAKARY: “That was because of several problems, including…”
SEN. OSSOFF: “You will respond in full to the questions that I send you?”
COMMISSIONER MAKARY: “I’m always happy to respond.”
SEN. OSSOFF: “Thank you so much, Dr. Makary, thank you.”
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